Public-domain · open source
OpenJurist
← 761 NE2D 862 - Prewitt v. State

Prewitt v. State’s Empirical Analysis

2002

Citation profile

22
cited by 22 later decisions
1
states following
December 2017
most recently cited

1 federal appellate · 1 district · 20 state decisions

Relationships

Relies on Hicks v. State · Wickizer v. State · Sanders v. State · Gibson v. State · Wise v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Late one evening, Prewitt and his brother’s fiancée, Charlotte Cooper, loaded Cooper’s van with steaks and cigarettes that they hoped to trade for drugs. They drove to the Greenwood Apartments, a public housing complex in Jeffersonville, Indiana. There, they saw a man standing in the doorway of an apartment. The man was an undercover police officer, Trooper Shaun Hannon. Cooper parked the van and Prewitt walked to the apartment and spoke to Hannon, asking if he could trade merchandise for crack cocaine. Hannon went into the apartment alone, and told Sergeant Myron Wilkerson and Detective Leslie Kavanaugh, who were inside, that a man was outside asking for cocaine. Wilkerson and Kavanaugh went to the door, where Prewitt indicated that he wanted to trade meat and cigarettes for cocaine. The two followed Prewitt back to the van, and when Cooper began showing them the merchandise, Kava-naugh identified himself and arrested both Cooper and Prewitt. Prewitt was originally charged with conspiracy to possess cocaine, a Class C felony. The information was eventually amended to include two counts: one count of conspiracy to possess cocaine as a Class B felony for being within 1,000 feet of a family housing unit, and one count of attempted possession of cocaine as a Class B felony, also for being within 1,000 feet of a family housing unit. A jury found Prewitt guilty of both charges; however, the conspiracy verdict was later vacated by the trial court.”
    1 later decision quote this exact passage
  2. “first direct appeal, Prewitt asked a police officer working undercover at a public housing complex if the officer would accept' his trade of steaks and cigarettes for cocaine. The officer followed Prewitt to his van, and when Prewitt’s accomplice showed the officer the steaks and cigarettes, the officer arrested Prewitt and his accomplice. Prewitt was charged with Class C felony conspiracy to possess cocaine in January 2000. The omnibus date was set for March’ 14, 2000. On November 15, 2000, eight months after the omnibus date, the State filed a motion to amend the information to add Count II, Class C felony attempted possession of cocaine. The State explained that the amendment “was based upon the very same fact circumstances. We’re not alleging new facts. We are simply alleging an alternative [to] the conspiracy conviction ... the Jury could also find that it legally fits the definition of an Attempt crime....” Id. at 867 . The trial court granted the motion after a hearing. At a pre-trial hearing on November 27, 2000, the State orally moved again to amend the information. The substance of the charges was not changed by this second amendment; however, the charges were elevated from Class C felonies to Class B felonies due to the proximity to the family housing unit. The trial court granted the State’s request to amend the charges, and Prewitt’s trial on the two Class B”
    1 later decision quote this exact passage
  3. “twenty (20) days [prior to the omnibus date] if the defendant is charged with a felony.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.